QUESTION
Who gets the mineral rights to land previously willed to the descendants of someone?
Asked on Mar 15th, 2016 on Estate Litigation - California
More details to this question:
My father inherited mineral rights which were willed to the descendants of a great grandfather. The oil company contacted him to get permission to drill, then shared royalties (profits). My father had been divorced before all of this, but remarried before he passed. The oil company will now not release his share of the profits.
1 ANSWER
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Most likely, a probate action is required to transfer the mineral rights from your father to his heirs. If your father had a will or trust, then the mineral rights will be distributed according to those terms. If your father died without a will or trust, then the laws of intestate succession will determine who are his heirs. However, if this was community property, then his wife would be entitled to all of it. If it was separate property, then she may only be entitled to a portion of it.
Answered on Mar 19th, 2016 at 4:30 PM